Terms and Conditions

Please take a moment to review the terms and conditions of this website. By using this website you agree to the following terms and conditions:

Cookies & Logins

For the best experience while using our online shopping cart, please enable cookies in your web browser. A cookie is a small piece of information stored with your browser that helps web sites and servers recognize you. On fortwayneclutch.com, your cookies allow you to browse through multiple pages without having to re-login to retain your shopping cart or selections. If you choose to disable your cookies, your browsing experience may be affected.

Copyrights & Use Restrictions

All content included on this website is Copyrighted by fortwayneclutch.com. Any use, distribution, duplication, or reproduction of material on this site is strictly prohibited without the express written consent of fortwayneclutch.com

Litigation & Jurisdiction

Any disputes and conflicts arising from these terms of use or involved with a sales transaction on fortwayneclutch.com will be governed by the laws of the State of Indiana. The State Courts of the State of Indiana, Allen County, will serve as the sole jurisdiction and venue in regards to resolving any disputes between fortwayneclutch.com and a customer, and the parties consent to relinquish all rights to pursue litigation outside of the exclusive jurisdiction and venue of the aforementioned State and County Courts.

Limited Liability

fortwayneclutch.com shall not be held liable for any damages to equipment and/or personal injury or death stemming from the use or inability to operate products listed on this. fortwayneclutch.com shall not be held liable for a claim in contract, tort, or indemnity arising from any product it sells. fortwayneclutch.com shall not be held liable for third party claims for damages related to product malfunction, delays, interruption of service, loss of business, or for exemplary damages, even if fortwayneclutch.com is aware of the potential of such damages. In addition, customers shall assume any costs related to servicing, repair and correction of a misused product.

Typographical/Photographical Errors

fortwayneclutch.com reserves the right to refuse or cancel any orders placed for any reason, including but not limited to typographical and/or photographical errors, and pricing errors. Prices, specifications and images are subject to change without notice.

Product Updates

Though unusual in nature, product information displayed on fortwayneclutch.com may become outdated without prior notice due to unanticipated changes brought on by the manufacturer. In an effort to serve our customers we strive to keep up to date with any revisions, however, as a remanufacturer, we depend on manufacturers for updates in regards to any alterations, as such, we are not responsible for any variations in product specifications. We may experience a lag in discovering and/or publishing such changes. This may include, but it is not limited to, new editions of otherwise identical models, revised specifications, variations in color or appearance, changes in a product’s packaging materials and contents, or any other changes brought on by the original manufacturer.

Rights of Refusal

fortwayneclutch.com reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, for any reason. A fortwayneclutch.com order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, we reserve the right to decline an order for any reason, even after an order invoice is issued.

Sales Taxes

All orders shipped within Indiana will be charged with the state sales tax. Customers ordering items to be shipped outside of Indiana are responsible for all sales taxes and duties as assessed by their respective legislative authorities.

Shipping Risks

fortwayneclutch.com will provide customers with tracking information including expected shipping dates, however fortwayneclutch.com will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier. As a courtesy to our customers, we assist you in pursuing a claim with the shipping courier in regards to lost or damaged packages. Pursuing a claim does not guarantee or imply a favorable outcome for the customer, as the shipping courier investigates and judges each claim on a case by case basis.

Shipping Guidelines

Our goal is to ship all IN-STOCK items purchased M-F, within 1 business day. Purchases made Saturday/Sunday will not be processed until the next “Business Day”. Items must be ordered by 1:30pm EASTERN TIME to be considered for same day shipping. Special order items may take longer. If you choose to have items shipped Next Day, 2nd Day..etc – be aware that most shipping facilities DO NOT count Saturday as a delivery day – unless you specifically choose a SATURDAY delivery date ( which we currently DO NOT offer on our website ). Domestic website sales are shipped using UPS. Foreign website sales may be shipped by varying means at our discretion. Items shipped “flat ground rate” or items that require special shipping precautions may be shipped by another carrier at our discretion. We ship items world wide daily – however the customer IS RESPONSIBLE for investigating all charges they may incure (such as Customs, Border Fees and other applicable taxes). If an item is being shipped out of the USA – UPS Will Charge You there own “Handling / Processing” fee due at time of delivery. Customers can avoid MOST of the charges by REFUSING the shipment and instead choose to pay these fees at an approved processing center – AND SAVE ALOT ! Even though the terms & conditions are stated here – we will try and contact all “foreign” purchasers to offer shipment VIA U.S.P.S. which has much lower custom/duty & border processing fees. UPS cannot ship to PO Box’s – If we cannot reach you to confirm a valid address – we may ship item USPS at our discretion. If you deny receipt of orders that are shipped to addresses outside the 50 states, Canadian and all foreign orders you will still be responsible for the original payment price & terms. Denying receipt of an order at the time of delivery = does NOT return the product to us (you must accept the package and then contact us directly for a RMA).

Severability

In the case that any stipulation of this agreement is deemed invalid, unlawful or unenforceable, whether as a whole or in part, such incongruence shall not affect the validity of the remaining stipulations outlined in this agreement. If any specific provision in this agreement is deemed invalid, unlawful or unenforceable, it will be modified in a way that best retains the original meaning while following Indiana law with respect to validity and enforceability.

Terms of Use Revisions

fortwayneclutch.com reserves the right to update our Terms of Use. As a user of this site you implicitly consent to any updates in our Terms of Use. Return to this page often to ensure you are aware of the terms you are agreeing to.